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(영문) 수원지방법원 성남지원 2017.04.14 2017고단197
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, on May 2016, the Defendant: (a) extended two outer walls of a room of 597 square meters in total to the board, without obtaining permission from the competent authorities, in order to use it as a logistics warehouse of “C”, a textile producer operated by the Defendant; (b) laid down concrete on the floor; (c) laid down a gravel on the floor; and (d) laid down a gravel on the floor of 592.4 square meters.

As a result, the defendant extended a building in a development restriction zone without obtaining permission from the competent authorities for profit-making purposes, and changed the form and quality of land.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, on July 4, 2016, the Defendant issued a corrective order to reinstate the original state by July 30, 2016 with regard to the act of changing the form and quality as described in paragraph (1) from the subordinate market on or around July 4, 2016, but did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation;

1. A written investigation of offenses and a written order for correction;

1. Land register, certificate of land use plan, and general building register;

1. Application of statutes on site photographs;

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Crimes and Article 31(2)1 and Article 12(1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (the construction of buildings and changes in the form and quality within a development-restricted zone), Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development and Article 30(1)1 of the Act on Special Measures for the Designation of Areas subject to Restriction on Development and

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